Ethics and Standards of the Customs Broker PDF

Ethics and Standards of the Customs Broker COLLEGE OF CUSTOMS ADMINISTRATION  WEEK 7 CHARACTER CULTURE TOPNOTCHER !!!  - Prohibition TOPICS: Against the Unauthorized Practice of Customs Broker Profession  -To...

Ethics and Standards of the Customs Broker COLLEGE OF CUSTOMS ADMINISTRATION  WEEK 7 CHARACTER CULTURE TOPNOTCHER !!!  - Prohibition TOPICS: Against the Unauthorized Practice of Customs Broker Profession  -To know the Learning Prohibition objective: Against the Unauthorized Practice of Customs Broker Profession SEC. 28. Prohibition Against the Unauthorized Practice of Customs Broker Profession. – No person shall practice or offer to practice the customs broker profession in the Philippines or offer himself/herself as customs broker, or use the title, word, letter, figure, or any sign tending to convey the impression that one is a customs broker, or advertise or indicate in any manner whatsoever that one is qualified to practice the profession unless he/she has satisfactory passed the licensure examination given by the Board, Except as otherwise provided in this Act, and is a holder of a valid Certification of Registration and Professional Identification Card or a valid special/temporary permit duly issued to him/her by the Board of Commission. SEC. 29. Prohibition Against Corporate Practice. – The practice of customs broker is a professional service, admission to which shall be determined upon the basis of individual and personal qualifications. No firm, company, or association may be registered or licensed as such for the practice of customs broker profession. SEC. 30. Prohibition Against Financing Activities By Customs Brokers. – No Customs Brokers shall advance and finance on behalf of their client-importers the payment of duties and taxes, arrastre charges, wharfage dues, storage fee and other port charges. SEC. 31. Accredited Professional Organization. – All professional customs brokers shall have one national organization, which shall be recognized by the Board of the Commission as the one and only accredited professional organization of customs brokers. A professional customs broker duly registered with the Board shall automatically become a member of the accredited professional organization of customs brokers and shall receive the benefits and privileges appurtenant thereto. Membership in the accredited professional organization of customs brokers shall not be a bar to membership in other associations of customs brokers. SEC. 32. Code of Ethics for Customs Broker Profession. – The Board shall adopt and promulgate the Code of Ethics and Code of Technical Standards which shall be prescribed and issued by the accredited professional organization of customs brokers. SEC. 33. Vested Right: Automatic Registration of Customs Brokers. – All customs brokers who are registered and licensed at the time this Act take effect shall automatically be registered.  ARTICLE V PENAL AND FINAL PROVISIONS SEC. 34. Penal Provisions. – Any violation of this Act, including violation of implementing rules and regulations, shall be meted the penalty of a fine of not less than Fifty Thousand pesos (50,000.00) nor more than Five hundred thousand pesos (500,000.00), or imprisonment of not less than six (6) years, or both such fine and imprisonment upon the discretion of the court. SEC. 35. Appropriations. – The Chairperson of the Professional Regulation Commission shall immediate include in the Commission’s program the implementation of this Act, the funding of which shall be included in the annual General Appropriation Act and thereafter. SEC. 36. Transitory Provision. – The existing Board of Customs Brokers shall continue the function in the interim until such time that the new Board shall be constituted pursuant to this Act. SEC. 37. Implementing Rules and Regulations. – The Board, subject to the approval by the Commission, in coordination with the accredited professional organization, shall issue and promulgate the rules and regulations, including the Code of Ethics for customs broker profession needed to implement the provision of this Act. SEC. 38. Separability Clause. – If any clause, sentence, paragraph or part of this Act shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impact any other part of this Act. SEC. 39. Repealing Clause. – Section 3401 to Section 3409 of Republic Act No. 1937 are hereby repealed and all laws decrees, executive orders, memorandum orders, and other administrative issuances and parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded or repealed accordingly. SEC. 40. Effectivity. - This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in a major newspaper of general circulation in the Philippines.  Approved, FRANKLIN DRILON President of the Senate JOSE DE VENECIA JR. Speaker of the House of Representatives This Act which is a consolation of House Bill No. 5957 and Senate Bill No. 2684 was finally passed by the House of Representatives and the Senate on February 2, 2004 and January 30, 2004, respectively. Approved: March 30, 2004 GLORIA MACAPAGAL-ARROYO President of the Philippines TOPICS: -REPUBLIC ACT 9853 Learning objective: -To know the law amending Republic Act 9280  REPUBLIC ACT No. 9853 AN ACT AMENDING REPUBLIC ACT NO. 9280, OTHERWISE KNOWN AS THE "CUSTOMS BROKERS ACT OF 2004", AND FOR OTHER PURPOSES Section 1. Section 27 of Republic Act No. 9280 is hereby amended to read as follows: "SEC. 27. Acts Constituting the Practice of Customs Broker Profession. - Any single act or transaction embraced within the provision of Section 6 hereof shall constitute an act of engaging in the practice of customs broker profession. Import entry shall be signed by a customs broker and the consignee/owner/importer under oath based on the covering documents submitted by the importers: Section 1. Section 27 of Republic Act No. 9280 is hereby amended to read as follows: "SEC. 27. Acts Constituting the Practice of Customs Broker Profession. - Provided, That export declaration shall be signed by the exporter or, at his option, delegate the signing and processing of the document to his designated customs broker or authorized representative." Section 2. Section 29 of Republic Act No. 9280 is hereby amended to read as follows: "SEC. 29. Admission to Professional Practice. - The practice of customs broker is a professional service, admission to which shall be determined upon the basis' of individual and personal qualifications. However, nothing in this Act shall prevent a corporation from being registered for the purpose of engaging in the business of customs brokerage as long as the corporation shall engage or hire the services of at least one (1) customs, broker," "For purposes of this Act, the phrase 'engaging in the business of customs brokerage' shall mean making representations in behalf of importer - clients in the Bureau of Customs (BOC) and other government agencies: Provided, That such corporations engaged in the business of customs brokering shall have a minimum paid - up capital of One million pesos (Php1, 000,000.00) before they are accredited by the BOC." Section 3. Repealing Clause. - All laws, presidential decrees, executive orders, memorandum orders and other administrative orders, rules and regulations or parts thereof contrary to or inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly. Section 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation in the Philippines.  Approved, PROSPERO C. NOGRALES Speaker of the House of Representatives JUAN PONCE ENRILE President of the Senate This Act which is a consolidation of Senate Bill No. 3396 and House Bill No. 3274 was finally passed by the Senate and the House of Representatives on September 28, 2009 and October 8, 2009, respectively. Approved: DEC. 15, 2009 GLORIA MACAPAGAL-ARROYO President of the Philippines  END OF DISCUSSION “ YOU ARE THE ARCHITECT OF YOUR OWN CAREER “ FUTURE LICENSED CUSTOMS BROKER  “ MAKE THE MOST OUT OF IT “ FUTURE LICENSED CUSTOMS BROKER REFERENCES: CUSTOMS MODERNIZATION AND TARIFF ACT – RA 10863 (CMTA) BOOK 2016 – FIRST EDITION